Maryland 2024 Regular Session

Maryland Senate Bill SB700 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0700
6	6
7	7	SENATE BILL 700
8	8	P6 4lr2741
9	9	SB 822/22 – B&T CF 4lr2751
10	10	By: Senator Carozza
11	11	Introduced and read first time: January 30, 2024
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Law Enforcement Officers’ Pension System – Membership – 9–1–1 Specialists 2
19	19
20	20	FOR the purpose of authorizing certain 9–1–1 specialists to become members of the Law 3
21	21	Enforcement Officers’ Pension System as employees of a participating governmental 4
22	22	unit; and generally relating to membership in the Law Enforcement Officers’ Pension 5
23	23	System. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – State Personnel and Pensions 8
27	27	Section 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 9
28	28	Annotated Code of Maryland 10
29	29	(2015 Replacement Volume and 2023 Supplement) 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – State Personnel and Pensions 13
33	33	Section 31–2A–02 and 31–2A–03.1 14
34	34	Annotated Code of Maryland 15
35	35	(2015 Replacement Volume and 2023 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – State Personnel and Pensions 19
41	41
42	42	31–2A–01. 20
43	43
44	44	(a) In this subtitle the following words have the meanings indicated. 21
45	45
46	46	(b) “Effective date” means the date that an eligible governmental unit commenced 22
47	47	or commences participation in the Law Enforcement Officers’ Pension System. 23
48	48	2 SENATE BILL 700
49	49
50	50
51	51	(c) “Eligible governmental unit” means a governmental unit that is eligible to 1
52	52	participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 2
53	53	subtitle. 3
54	54
55	55	(d) (1) “Emergency medical technician” means a paid emergency medical 4
56	56	technician, as determined by the eligible governmental unit. 5
57	57
58	58	(2) “Emergency medical technician” does not include a volunteer 6
59	59	emergency medical technician. 7
60	60
61	61	(e) (1) “Firefighter” means: 8
62	62
63	63	(i) a paid firefighter, as determined by the eligible governmental 9
64	64	unit; or 10
65	65
66	66	(ii) a paid paramedic, as determined by the eligible governmental 11
67	67	unit. 12
68	68
69	69	(2) “Firefighter” does not include: 13
70	70
71	71	(i) a volunteer firefighter; or 14
72	72
73	73	(ii) a volunteer paramedic. 15
74	74
75	75	(f) “Law enforcement officer” means an individual certified by the Maryland 16
76	76	Police Training and Standards Commission as a law enforcement officer. 17
77	77
78	78	(g) (1) “Local plan” means a plan or any other arrangement of an eligible 18
79	79	governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 19
80	80
81	81	(2) “Local plan” does not include a plan established under § 457 of the 20
82	82	Internal Revenue Code. 21
83	83
84	84	(h) “9–1–1 SPECIALIST” MEANS AN INDIVIDUAL WHO IS: 22
85	85
86	86	(1) EMPLOYED AS A 9–1–1 SPECIALIST; AND 23
87	87
88	88	(2) CERTIFIED BY THE MARYLAND POLICE TRAINING AND 24
89	89	STANDARDS COMMISSION AS A LAW E NFORCEMENT OFFICER . 25
90	90
91	91	(I) “State system” has the meaning stated in § 20–101(pp) of this article. 26
92	92
93	93	31–2A–02. 27
94	94
95	95	Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 28
96	96	participate in the Law Enforcement Officers’ Pension System are: 29 SENATE BILL 700 3
97	97
98	98
99	99
100	100	(1) counties; and 1
101	101
102	102	(2) municipal corporations. 2
103	103
104	104	31–2A–03. 3
105	105
106	106	(a) Subject to subsection (b) of this section, the legislative body of an eligible 4
107	107	governmental unit may approve participation by its law enforcement officers, firefighters, 5
108	108	[or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 6
109	109	Officers’ Pension System if: 7
110	110
111	111	(1) the legislative body adopts a resolution in the form prescribed by the 8
112	112	Board of Trustees; and 9
113	113
114	114	(2) the eligible governmental unit participates in a State system or 10
115	115	operates a local plan, only if: 11
116	116
117	117	(i) at least 60% of the law enforcement officers, firefighters, [or] 12
118	118	emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 13
119	119	petition to become members of the Law Enforcement Officers’ Pension System; 14
120	120
121	121	(ii) the eligible governmental unit satisfies the requirements in 15
122	122	subsection (b) of this section; and 16
123	123
124	124	(iii) the legislative body approves participation of its law enforcement 17
125	125	officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 18
126	126	of participation in the State system or local plan. 19
127	127
128	128	(b) An eligible governmental unit that operates a local plan or participates in a 20
129	129	State system may approve participation of its law enforcement officers, firefighters, [or] 21
130	130	emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 22
131	131	Pension System only if: 23
132	132
133	133	(1) the State system or local plan of the eligible governmental unit requires 24
134	134	member contributions at the same rate as the member contribution rate that would be 25
135	135	applicable to the law enforcement officers, firefighters, [or] emergency medical technicians, 26
136	136	OR 9–1–1 SPECIALISTS of the eligible governmental unit in the Law Enforcement Officers’ 27
137	137	Pension System; or 28
138	138
139	139	(2) the eligible governmental unit: 29
140	140
141	141	(i) does not provide for the employer pickup of member 30
142	142	contributions to the State system or local plan within the meaning of § 414(h)(2) of the 31
143	143	Internal Revenue Code; and 32
144	144	4 SENATE BILL 700
145	145
146	146
147	147	(ii) certifies that it will not become an approved employer under § 1
148	148	21–313 of this article on or after the effective date of participation. 2
149	149
150	150	(c) (1) If an eligible governmental unit does not satisfy the requirements 3
151	151	under subsection (b) of this section, the eligible governmental unit may submit a request to 4
152	152	the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 5
153	153
154	154	(2) The Board of Trustees shall consider a request made under paragraph 6
155	155	(1) of this subsection and determine whether any legislation is necessary to allow the 7
156	156	eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 8
157	157
158	158	(3) The Board of Trustees shall make recommendations to the Joint 9
159	159	Committee on Pensions regarding any legislation that it determines is necessary to allow 10
160	160	the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 11
161	161	System. 12
162	162
163	163	31–2A–03.1. 13
164	164
165	165	(a) Except as provided in subsection (b) of this section, the effective date of 14
166	166	participation for an eligible governmental unit is July 1 of the year following the fiscal year 15
167	167	in which the eligible governmental unit elects to participate in the Law Enforcement 16
168	168	Officers’ Pension System. 17
169	169
170	170	(b) If an eligible governmental unit does not provide the Board of Trustees with 18
171	171	the necessary documentation to join the Law Enforcement Officers’ Pension System on or 19
172	172	before the effective date for the eligible governmental unit, the effective date shall be 20
173	173	postponed until July 1 of the second year following the fiscal year in which the eligible 21
174	174	governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 22
175	175
176	176	31–2A–04. 23
177	177
178	178	If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 24
179	179	SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 25
180	180	effective date, the member is entitled to credit for employment with the participating 26
181	181	governmental unit before the effective date. 27
182	182
183	183	31–2A–05. 28
184	184
185	185	(a) This section applies only to a local plan that is a qualified plan under § 401(a) 29
186	186	of the Internal Revenue Code and provides a defined benefit to its participants. 30
187	187
188	188	(b) If an eligible governmental unit approves participation in the Law 31
189	189	Enforcement Officers’ Pension System, the operation of the local plan or State system with 32
190	190	respect to the law enforcement officers, firefighters, emergency medical technicians, 33
191	191	9–1–1 SPECIALISTS, or paramedics terminates on the effective date. 34
192	192
193	193	(c) (1) On the effective date: 35 SENATE BILL 700 5
194	194
195	195
196	196
197	197	(i) the assets to the credit of the local plan or State system that 1
198	198	relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 2
199	199	SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 3
200	200	Enforcement Officers’ Pension System; and 4
201	201
202	202	(ii) the trustee or other administrative head of the local plan or State 5
203	203	system shall certify the proportion of the funds of the local plan or State system that 6
204	204	represents the accumulated contributions of the members as of that date. 7
205	205
206	206	(2) The accumulated contributions shall be credited to the respective 8
207	207	annuity savings accounts of the members in the Law Enforcement Officers’ Pension 9
208	208	System. 10
209	209
210	210	(3) The balance of the funds transferred to the Law Enforcement Officers’ 11
211	211	Pension System shall be offset against the special accrued liability to be funded by the 12
212	212	participating governmental unit as provided by § 21–306.1(d) of this article. 13
213	213
214	214	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
215	215	1, 2024. 15